By Shazia Siddiqui

In a poignant episode at Project Upper Primary School, Ranikiari, a young student named Kunal Pradhan tragically lost his life when a toilet wall collapsed while he was playing with a friend on the school grounds. This incident prompted his grieving parents to pursue legal recourse, dissatisfied with the initial ex-gratia relief of Rs. 2 lakhs offered by the State. Their quest for justice led them to the Orissa High Court, where a Single Bench, headed by Dr. Justice Sanjeeb Kumar Panigrahi, deliberated on the case.

The court, in its deliberation, acknowledged the promptness with which the ex-gratia grant was issued but deemed it inadequate given the gravity of the circumstances. It underscored the State’s responsibility in maintaining school infrastructure, highlighting the negligent oversight that compromised the safety of students like young Kunal. The ruling favored the bereaved parents, directing the State to compensate them with Rs. 8,00,000/- (Rupees Eight Lakhs), in addition to the earlier Rs. 2,00,000/- (Rupees Two Lakhs) provided.

Beyond addressing immediate compensation, the court issued far-reaching directives aimed at preventing future tragedies. It mandated the establishment of District Education Infrastructure Safety Audit Committees in every district. These committees, comprising officials like the District Magistrate, District Education Officer, and engineers from relevant departments, are tasked with conducting comprehensive safety audits of all schools annually. Their role extends to issuing safety certificates and overseeing grievance redressal mechanisms at the block level.

The court’s decision resonated with compensatory jurisprudence principles, which seek to alleviate losses resulting from negligence or wrongful acts. It emphasized that compensation serves not only to redress financial harm but also to uphold accountability and ensure justice for victims and their families. In this case, it recognized the irreparable loss suffered by Kunal’s family and sought to provide a measure of restitution amidst their grief.

Furthermore, the ruling held School Headmasters and Block Education Officers accountable for maintaining school safety. It stipulated that they report unsafe conditions promptly to higher authorities, ensuring swift remedial action to prevent similar incidents. Additionally, the court mandated the creation of disaster management teams within the School and Mass Education Department, tasked with mitigating risks and responding effectively to emergencies in schools statewide.

The High Court’s directives were comprehensive, aiming not just to rectify the immediate situation but also to establish a framework for proactive safety measures across educational institutions. It underscored the importance of institutional accountability and governmental responsibility in safeguarding students’ well-being.

In concluding the case, the High Court disposed of the writ petition, endorsing its directives for immediate implementation. It urged the Secretary of the Department of School and Mass Education to issue comprehensive notifications to all districts within three months, ensuring compliance with the new safety protocols.

This ruling not only addressed the specific circumstances of Kunal Pradhan’s tragic death but also set a precedent for enhancing school safety standards throughout Orissa. It emphasized the judiciary’s role in safeguarding citizens’ rights and holding authorities accountable for negligence, thereby promoting a safer environment for students in educational settings across the state.

Case Title: Sania Pradhan @ Sanyasi Pradhan & Anr. v. State of Odisha & Ors.

Citation: W.P.(C) No.12427 of 2017  

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